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Madras High CourtWP(MD)/15356/2017disposed of

S.Esakki, S/O.Swamithevar, v. The Superintendent Of Police,

2017-08-17Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.15356 of 2017 S.Esakki ... Petitioner -Vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Kalakkadu Police Station, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to permit the petitioner to conduct Innisai Katcheri (Musical Concert) between 08.00 p.m and 11.00 p.m on 23.08.2017 at the festival of Arulmigu Sri Kuzhasekara Nangai Temple, Melavadakarai, Kalakkadu, Nanguneri Taluk, Tirunelveli District. For Petitioner : Mr.V.Angusamy For Respondents : Mr.S.Sadhikumar, Additional Government Pleader.

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O R D E R

This Writ petition is filed for issuing a Writ of Mandamus directing the second respondent to permit the petitioner to conduct Innisai Katcheri (Musical Concert) between 08.00 p.m and 11.00 p.m on 23.08.2017 at the festival of Arulmigu Sri Kuzhasekara Nangai Temple, Melavadakarai, Kalakkadu, Nanguneri Taluk, Tirunelveli District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Innisai Katcheri (Musical Concert)" programme on 23.08.2017 in connection with a festival in Arulmigu Sri Kuzhasekara Nangai Temple, Melavadakarai, Kalakkadu, Nanguneri Taluk, Tirunelveli District. He further submitted that in this connection, a representation was given to the respondent on 09.08.2017, with a request to grant permission and protection to conduct the programme on the above said date. However, the

respondent police has not yet considered the said representation and hence, the petitioner is before this Court with this Writ Petition.

4. The learned Additional Government Pleader appearing for the respondents submitted that this Court may grant permission for "Innisai Katcheri (Musical Concert)"

programme subject to stringent conditions.

5. Considering the facts and circumstances of the case, the Writ Petition is disposed of with the following directions: The second respondent/The Inspector of Police, Kalakkadu Police Station, Tirunelveli District, is directed to consider the representation of the petitioner, dated 09.08.2017 and to give permission and to provide police protection for "Innisai Katcheri (Musical Concert)" programme in connection with a festival in Arulmigu Sri Kuzhasekara Nangai Temple, Melavadakarai, Kalakkadu, Nanguneri Taluk, Tirunelveli District, scheduled to be held on 23.08.2017, subject to the following conditions; (a) the "Innisai Katcheri (Musical Concert)" programme in connection with the festival in Arulmigu Sri Kuzhasekara Nangai Temple, Melavadakarai, Kalakkadu, Nanguneri Taluk, Tirunelveli District, scheduled to be held on 23.08.2017 should be completed before 10.30 p.m.

(b) double meaning songs should not be played so as to spoil the minds of students and the youth;

(c) no songs, touching upon any political party or religion, community or caste be played;

(d) no flex boards in support of any political party or religious leader be erected;

(e) the function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste;

(f) if there is any violation of any one of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance; (g) similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time;

(h) the participants of the programme shall not intake any kind of in-toxic substance or liquor during the programme; and (i) if any untoward incident takes place, the organizers of the programme be made responsible for the same.

6. It is open to respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity. There can be a total ban for putting up any Flex Boards representing any community. No costs.

Sd/- Assistant Registrar /Truecopy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Kalakkadu Police Station, Tirunelveli District.

+1cc to M/S.V.ANGUSAMY, Advocate SR.No.72953 +1cc to Special Government Pleader, SR.No. 73193 msa MAS/JC/SAR3:22.08.2017:3P-5C W.P.(MD) No. 15356 of 2017 17.08.2017